In what circumstances will a defendant be convicted of making a criminal threat against a witness?

California, United States of America

The following excerpt is from People v. Saucedo, E070686 (Cal. App. 2020):

In People v. Mendoza (1997) 59 Cal.App.4th 1333, superseded by statute on other grounds as stated in People v. Franz (2001) 88 Cal.App.4th 1426, 1442, the defendant was convicted both of making a criminal threat and of dissuading a witness by force, or by express or implied threat of force or violence. (Id. at p. 1345.) On appeal, the court stayed the criminal threat conviction pursuant to section 654. The court reasoned the threat to kill the victim was made to dissuade her from testifying. (Mendoza, at p. 1346.)

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